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For the first few weeks he received training from Ugly Duckling but from then on, he was left to his own devices to build models for the film according to designs drawn by the director.
He was paid an hour rate of £45 which was paid in one lump sum without deductions into his bank account on a monthly basis.He had specifically asked for this means of payment so that he could make the most of lower tax rates for the self employed.Although he provided personal services to Ugly Duckling Ltd, it was agreed he would continue to receive payment from the studio.The Studio in turn invoiced Ugly Duckling Ltd for Mr Witanga's services.Mr Witanga has enjoyed model making as a hobby for over thirty years.In March 2004 he was engaged by Hans Christian Anderson Model Making Studio Ltd ("the Studio") to make miniature models for a film.
The Studio had a close working relationship with another company "Ugly Duckling Ltd", and it was not unusual for people working for the Studio to work for periods of time on Ugly Duckling Ltd's projects.In May 2004, Ugly Duckling Ltd won a tender to make models for a major film.It set up a special models unit to film some of the special effects for the movie.Ugly Duckling Ltd approached the Studio requesting contractors to work on a temporary basis in the special models unit.The Studio suggested that Mr Witanga work on the project and after some discussion, Mr Witanga agreed to provide his services to Ugly Duckling Ltd on a full time basis. By the end of May 2004 approximately 42 crew including carpenters, engineers, camera operators, lighting and model technicians, assistance directors, continuity staff, camera technicians and grips were engaged by Ugly Duckling Ltd to work in the Unit.Mr Witanga did no have any written contract with the Studio nor was he given a written employment agreement or work contract when he started working for Ugly Duckling.